RULE: 8 - BILL(S) OF LADING - TERMS AND CONDITIONS Eff: 09APR2025

Effective 09APR2025
Filed 09APR2025
Filing Codes IC

All cargo transported under the rates, charges, terms and
conditions named in this Tariff shall be held, carried and
delivered SBJ to the provisions of Carrier's applicable
Long Form B\L, the terms and conditions of which are shown
below.
     
a. When issued, all B/Ls MUST show the name and address of
   both the Shipper/Consignor and the Consignee; the total
   weight and total measurement of each piece, package or
   unit of cargo in the shipment, except in the case of FCL
   shipments, only the total shipment weight and
   measurement must be shown; and on shipments consigned
   "TO ORDER," the name and address of the party to be
   notified MUST also appear.
     
b. Shippers/Consignors requiring that the Original B/L,
   properly endorsed, be surrendered to the Carrier before
   delivery is accomplished, MUST secure an ORDER B/L.
     
c. The Terms and Conditions of Carrier's regular long form 
   B/L are as follows:
     
BILL(S) OF LADING OCEAN BILL OF LADING TERMS & CONDITIONS
  
1) DEFINITIONS:
 a) "Bill of Lading" as used herein includes conventional bills of lading,
 as well as electronic, express and laser bills of lading, sea waybills
 and all like documents, how so ever generated, covering the Carriage of
 Goods hereunder, whether or not RT
  
 b) "Carriage" means the whole of the operations and services undertaken or
 performed RT
  
 c) "Carrier" means the Company named on the face side hereof and on whose
 behalf RT
 bailee
  
 d) "Charges" means freight, dead freight, demurrage and all expenses and
 money RT
  
 e) "Container" means any container (closed or open top), van, trailer,
 flatbed, transportable tank, railroad car, vehicle, flat, flat rack,
 pallet, skid, platform, cradle, sling load or any other article of
 transport and any equipment associated or appurtenant thereto.
  
 f) "Goods" means the cargo received from the shipper and described on the
 face side hereof and any Container not supplied by or on behalf of the
 Carrier.
  
 g) "Merchant" means the shipper, consignee, receiver, holder of this Bill
 of Lading, owner of the cargo or person entitled to the possession of the
 cargo and the servants and agents of any of these, all of whom shall be
 jointly and severally liable to the Carrier for the payment of all
 Charges, and for the performance of the obligations of any of them under
 this Bill of Lading.
  
 h) "On Board" or similar words endorsed on this Bill of Lading means that
 in a Port to Port movement, the Goods have been loaded on board the Vessel
 or are in the custody of the actual ocean carrier. In the event of
 intermodal transportation, if RT
 coastal carrier, carrier means that the Goods RT
 rail cars or another mode of transport at the Place of RT
 are in the custody of a Participating carrier and enroute to the Port of
 Loading named on the reverse side.
  
 i) "Participating Carrier" means any other carrier by water, land or air,
 performing any stage of the Carriage, including inland and coastal
 carriers, whether acting as subcarrier, connecting carrier, substitut
 carrier or bailee.
  
 j) "Person" means an individual, a partnership, a body corporate or any
 other entity of whatsoever nature.
      
 k) "Vessel" means the ocean vessel named on the face side hereof, and any
 substitute vessel, feedership, barge, or other means of conveyance by
 water used in whole or in part by the Carrier to fulfill this contract.
  
2) CARRIERS TARIFFS: The Goods carried hereunder are subject to all the
 terms and conditions of the Carrier's applicable Tariff and said terms and
 conditions are hereby incorporated herein as part of the Terms and
 Conditions of this Bill of Lading. Copies of the relevant provisions of
 the applicable tariff or tariffs are obtainable from the Carrier upon
 request. In the event of any conflict between the terms and conditions of
 such tariff or tariffs and the Terms and Conditions of this Bill of
 Lading, this Bill of Lading shall prevail.
  
3) WARRANTY AND ACKNOWLEDGMENT: The Merchant warrants that in agreeing to
 the Terms and Conditions hereof, it is, or is the agent and has the
 authority of, the owner or person entitled to the possession of the Goods
 or any person who has a present or future interest in the Goods.  The
 Merchant acknowledges that the Carrier is a non-vessel operating common
 carrier ("NVOCC") and that it neither owns nor charters vessels, as a
 result of which the Carrier or any sub-carrier, connecting carrier or
 substitute carrier (which may be a NVOCC) will be required to contract
 with an actual ocean carrier to accomplish the Carriage contemplated by
 this Bill of Lading and does so as agent of the Merchant. The Merchant
 further acknowledges that by identifying the carrying Vessel on the face
 side hereof, it knows or can determine the name of the actual ocean
 carrier and the terms and conditions of the actual ocean carrier's bill of
 lading and applicable tariff(s) and agrees to be bound thereby.
  
4) RESPONSIBILITY:
 a) Except where the Carriage covered by this Bill of Lading is to or from
 a port or locality where there is in force a compulsorily applicable
 ordinance or statute of a nature similar to the international Convention
 for the Unification of Certain Rules Relating to Bills of Lading, dated at
 Brussels, August 25, 1924, the provisions of which cannot be departed
 from, and suit or other proceeding is instituted and litigated in such
 locality, this Bill of Lading shall have effect subject to the Carriage of
 Goods by Sea Act of the United States ("COGSA"), approved April 16, 1936,
 and nothing herein contained, unless otherwise stated, shall be deemed a
 surrender by the Carrier of any of its rights, immunities, exemptions,
 limitations or exonerations or an increase of any of its responsibilities
 or liabilities under COGSA or, as the case may be, such compulsorily
 applicable ordinances or statutes. The provisions of COGSA or such
 compulsorily applicable ordinances or statutes (except as otherwise
 specifically provided herein) shall govern before loading on and after
 discharge from the vessel and throughout the entire time the Goods or
 Containers or other packages are in the care, custody and/or control of
 the Carrier, a Participating carrier or independent contractor (inclusive
 of all subcontractors), their agents and servants whether engaged by or
 acting for the Carrier or any other person, as well as during the entire
 time the Carrier is responsible for the Goods. In the absence of
 compulsorily applicable legislation, COGSA shall apply during the entire
 time the Carrier remains responsible hereunder.
  
 b) The Carrier shall not be liable in any capacity whatsoever for any
 delay, non-delivery, miss-delivery or other loss or damage to or in
 connection with the Goods or Containers or other packages occurring at any
 time contemplated under subdivision a) of this Clause
  
 c) The Carrier shall, irrespective of which law is applicable under
 subdivision a) of this Clause, be entitled to the benefit of the
 provisions of Sections 4281 to 4287, inclusive of the Revised Statutes of
 the United States and amendments thereto.
  
 d) The rights, defenses, exemptions, limitations of and exonerations from
 liability and immunities of whatsoever nature provided for in this Bill of
 Lading shall apply in any action or proceeding against the Carrier, its
 agents and servants and/or any Participating carrier or independent
 contractor, whether in tort, contract or, otherwise.
    
5) THROUGH TRANSPORTATION: When either the Place of Receipt or Place of
 Delivery set forth herein is an inland point or place other than the Port
 of Loading (Through Transportation basis), the Carrier will procure
 transportation to or from the sea terminal and such inland point(s) or
 place(s) and, notwithstanding anything in this Bill of Lading
 contained, but always subject to Clause 4 hereof, the Carrier shall be
 liable for loss or damage of whatsoever nature and howsoever arising to
 the following extent, but no further.
  
 a) Upon proof that the loss or damage arose during a part of the Carriage
 herein made subject to COGSA or other compulsorily applicable legislation,
 as set forth in Clause 4. a) hereof said legislation shall apply, or
  
 b) Upon proof that the loss or damage not falling within a), above, but
 concerning which the law of any country, state or subdivision thereof
 contains provisions that are compulsorily applicable and would have
 applied if the Merchant had made a separate and direct contract with the
 Carrier, a Participating carrier or independent contractor, as referred to
 in Clause 4.a) relative to a particular stage of transport or other
 handling wherein the loss or damage occurred and received as evidence
 thereof a particular receipt or other document, then the liability of the
 Carrier, Participating carrier and independent contractor shall be subject
 to the provisions of such law.
  
 c) If it should be determined that the Carrier bears any responsibility
 for loss or damage occurring during the care, custody and/or control of
 any Participating carrier or independent contractor, and be subject to law
 compulsorily applicable to their bills of lading, receipts, tariffs and/or
 law applicable thereto, then the Carrier shall be entitled to all rights,
 defenses, immunities, exemptions, limitations of and exonerations from
 liability of whatsoever nature accorded under such bill of lading,
 receipt, tariff and/or applicable law, provided however, that nothing
 contained herein shall be deemed a surrender by the Carrier of any of its
 rights, defenses and immunities or an increase of any of its
 responsibilities or liabilities under this Bill of Lading, the Carrier's
 applicable tariff or laws applicable or relating to such Carriage.
  
 d) Except as hereinabove provided, the Carrier shall have no liability for
 damage to the Goods.
  
6) SUBCONTRACTING; BENEFICIARIES:
 a) The Carrier shall be entitled to subcontract on any terms for the whole
 or any part of the Carriage, loading, unloading, storing, warehousing,
 handling and any and all duties whatsoever undertaken by it in relation to
 the Goods or Containers or other packages or any other goods.
  
 b) It is understood and agreed that if it should be adjudged that any
 person or entity other than or in addition to the Carrier is under any
 responsibility with respect to the Goods or any other goods, regardless of
 the port or place where any loss or damage shall occur and without regard
 to whether the Goods covered hereby or any other goods are being handled
 or are damaged directly or indirectly during any handling, and even if the
 Goods or other goods are transported on free in, stowed and/or free out
 terms, all exemptions, limitations of and exonerations from liability
 provided by law or by the Terms and Conditions hereof shall be available
 to all agents, servants, employees, representatives, all Participating
 (including rail and other inland and coastal) carriers and all
 stevedores,RT
 watchmen, carpenters, ship cleaners, surveyors and all independent
 contractors, inclusive of all persons providing any service whatsoever. In
 contracting for the foregoing exemptions, limitations of and exonerations
 from liability, the Carrier is acting as agent and trustee for and on
 behalf of all persons described above, all of whom shall to this extent be
 deemed to be a party to the contract as evidenced by this Bill of lading,
 regardless for whom acting or by whom retained and paid, it being always
 understood that said beneficiaries are not entitled to any greater or
 further exemptions, limitations of or exonerations from liability than
 those that the Carrier has under this Bill of Lading in any given
 situation.
  
 c) The Carrier undertakes to procure such services as necessary and shall
 have the right at its sole discretion to select any mode of land, sea or
 air transport and to arrange participation by other carriers to accomplish
 the total or any part of the Carriage from Port of loading to Port of
 Discharge or from Place of Receipt to Place of Delivery, or any
 combination thereof, except as may be otherwise provided herein.
  
 d) The Merchant agrees that the Carrier shall be deemed to be a
 beneficiary of the actual ocean carrier's bill of lading and of all
 exemptions, limitations of and exonerations from liability therein
 contained even though the Carrier acts as agent of the Merchant in
 contracting with the actual ocean carrier for the Carriage of the Goods.
 Notwithstanding, under no circumstances shall the Carrier be responsible
 for any damages to an extent greater than the actual ocean carrier or any
 beneficiaries thereof or hereof.
  
 e) No agent or servant of the Carrier or other person or class named in
 subdivision b) hereof shall have power to waive or vary any of the Terms
 and Conditions hereof unless such waiver or variation is in writing and is
 specifically authorized or ratified in writing by an officer or director
 of the Carrier having actual authority to bind the Carrier to such waiver
 or variation.
  
7) DESCRIPTION OF GOODS AND MERCHANT'S RESPONSIBILITIES:
 a) The description and particulars of the Goods set out on the face hereof
 and any description, particulars or other representation appearing on the
 Goods, Container or other packages or documents relating thereto are
 furnished by the Merchant, and the Merchant warrants to the Carrier that
 the description, particulars and any representation made including, but
 not limited to, weight, content, measure, quantity, quality, condition,
 marks, numbers and value are correct.
  
 b) The Merchant warrants that it has complied with all applicable laws,
 regulations and requirements of Customs, Port and other Authorities and
 shall bear and pay all duties, taxes, fines, imposts, expenses and
 losses incurred or suffered by reason thereof or by reason of any
 illegal, incorrect or insufficient marking, numbering, addressing or any
 other particular relative to the Goods.
    
 c) The Merchant further warrants that the Goods are packed in a manner
 adequate to withstand the ordinary risks of Carriage having regard to
 their nature and in compliance with all laws, regulations and
 requirements, which may be applicable.
  
 d) No Goods which are or may become dangerous, inflammable or damaging or
 which are or may become liable to damage any property or person whatsoever
 shall be tendered to the Carrier for Carriage without the Carrier's prior
 express consent in writing and without the Container or other covering in
 which the Goods are to be transported being distinctly marked on the
 outside thereof so as to indicate the nature and character of any such
 articles and so as to comply with all applicable laws, regulations and
 requirements if any such articles are delivered to the Carrier without
 such written consent and marking or if in the opinion of the Carrier the
 articles are or are liable to become of a dangerous, inflammable or
 damaging nature, the same may at any time be destroyed, disposed of,
 abandoned or rendered harmless without compensation to the Merchant and
 without prejudice to the Carrier's right to Charges.
  
 e) The Merchant shall be liable for all loss or damage of any kind
 whatsoever including but not limited to contamination, soiling, detention
 and demurrage before, during and after the Carriage of property (including
 but not limited to Containers), of the Carrier or any person at vessel
 (other than the Merchant) caused by the Merchant or any person acting on
 its behalf or for which the Merchant is otherwise responsible.
  
 f) The Merchant and the Goods themselves shall be liable for and shall
 indemnify the Carrier, and the Carrier shall have a lien on the Goods for
 all expenses of mending, repairing, fumigating, repacking, re-coopering,
 baling, reconditioning of the Goods and gathering of loose contents, also
 for expenses for repairing Containers damaged while in the possession of
 the Merchant, for demurrage on Containers and any payment, expense, fine,
 dues, duty, tax, impost, loss, damage or detention sustained or incurred
 by or levied upon the Carrier, Vessel Goods, Containers or other packages
 and for any action or requirement of any government or governmental
 authority or person purporting to act under the authority thereof, seizure
 under legal process or attempted seizure, incorrect or insufficient
 marking, numbering or addressing of Containers or other packages or
 description of the contents, failure of the Merchant to procure consular,
 Board of Health or other certificates to accompany the Goods or to comply
 with laws or regulations of any kind imposed with respect to the Goods by
 the authorities at any port of place or any act or omission of the
 Merchant. The Carrier's lien shall survive delivery and may be enforced by
 private or public sale and without notice.
  
 g) The Merchant shall defend, indemnify and hold harmless the Carrier, any
 Participating carrier, independent contractor, their agents and servants,
 against any loss, damage, claim, liability or expense whatsoever arising
 from any breach of the provisions of this Clause 7, or from any cause in
 connection with the Goods for which the Carrier is not responsible.
  
8) CONTAINERS:
 a) Goods may be stowed by the Carrier, in or on Containers, and may be
 stowed with other, goods. Containers, whether stowed by the Carrier or
 received fully stowed, may be carried on or under deck without notice, and
 the Merchant expressly agrees that cargo stowed in a Container and carried
 on deck is considered for all legal purposes to be cargo stowed under
 deck. Goods stowed in Containers on deck shall be subject to the
 Legislation referred to in Clause 4 hereof, and will contribute in
 General Average and receive compensation in General Average, as the case
 may be.
  
 b) The Terms and Conditions of this Bill of Lading shall govern the
 responsibility of the Carrier with respect to the supply of a Container to
 the Merchant.
  
 c) If a Container has been stuffed by or on behalf of the Merchant, the
 Carrier, any Participating Carrier, all independent contractors and all
 persons rendering any service whatsoever hereunder, shall not be liable
 for any loss or damage to the Goods, Containers or other packages or to
 any other goods caused
  
   (1) by the manner in which the Container has been stuffed and its
 contents secured,
  
   (2) by the unsuitability of the Goods for carriage in Containers or for
 the type of Container requested by and furnished to the Merchant, or 
  
   (3) condition of the Container furnished, which the Merchant
 acknowledges has been inspected by it or on its behalf before stuffing and
 sealing.
  
 d) The Merchant shall defend, indemnify and hold harmless the Carrier, any
 Participating Carrier, independent contractor, their agents and servants,
 against any loss, damage, claim, liability or expense whatsoever arising
 from one or more of the matters covered by paragraphs 8.a), b) and/or c)
 above.
  
9) CONTAINERS WITH HEATING OR REEFER APPARATUS: Containers with temperature
 or atmosphere-control apparatus for heating, refrigeration, ventilation or
 otherwise will not be furnished unless contracted for expressly in writing
 at time of booking and, when furnished, may entail increased Charges. In
 the absence of an express request, it shall be conclusively presumed that
 the use of a dry container is appropriate for the Goods. Merchant must
 provide Carrier with desired temperature range in writing at time of
 booking and insert same on the face side of the Bill of Lading and where
 so provided. Carrier is to exercise due diligence to maintain the
 temperature within a reasonable range while the Containers are in its
 custody and/or control or that of any Participating carrier or independent
 contractor. The Carrier does not accept any responsibility for the
 functioning of temperature or atmosphere-controlled Containers not owned
 or leased by Carrier or for latent defects not discoverable by the
 exercise of due diligence.  Where the Container is stuffed or partially
 stuffed by or on behalf of the Merchant, the Merchant warrants that it has
 properly pre-cooled the Container, that the Goods have been properly
 stuffed and secured within the Container and that the temperature controls
 have been properly set prior to delivery of the Container to the Carrier,
 its agents, servants, or any Participating carrier or independent
 Contractor.  The Merchant accepts responsibility for all damage or loss of
 whatsoever nature resulting from a breach of any of these warranties,
 including but not limited to other cargo consolidated in the Container
 with the Merchants Goods or to any other cargo, property or person damaged
 or injured as a result thereof, and the Merchant agrees to defend
 indemnify and hold the Carrier, Participating carriers and independent
 contractors, their agents and servants, harmless from, and against, all
 claims, suits, proceedings and all other consequences thereof, regardless
 of their nature and merit.
  
10) OPTION OF INSPECTION: The Carrier and any Participating carrier shall
 be entitled, but under no obligation, to open any Container at any time
 and to inspect the contents. If it thereupon appears that the contents or
 any part thereof cannot safely or properly be carried or carried further,
 either at all or without incurring any additional expense, the Carrier and
 Participating carrier, independent contractor, their agents and servants,
 may abandon the transportation thereof and/or take any measures and/or
 incur any reasonable additional expenses to continue the Carriage or to
 store the Goods, which storage shall be deemed to constitute due delivery
 under this Bill of Lading. The Merchant shall indemnify the Carrier, any
 Participating carrier, independent contractor, their agents and servants,
 against any reasonable additional Charges so incurred.
  
11) DECK CARGO: Deck cargo (except that carried in Containers on deck) and
 live animals are received and carried solely at Merchant's risk (including
 accident or mortality of animals), and the Carrier will not in any event
 be liable for any loss or damage for or from which he is exempt, immune or
 exonerated by applicable law, or from any other cause whatsoever not due
 to the fault of the Carrier, any warranty of seaworthiness in the premises
 being hereby waived, and the burden of proving liability being in all
 respects upon the Merchant. Except as may by otherwise provided, such
 shipments shall be deemed Goods and shall be subject to all Terms and
 Conditions of this Bill of Lading.
  
12) METHODS AND ROUTES OF TRANSPORTATION: With respect to the Goods or
 Containers or other packages, the Carrier may at any time and without
 notice to the Merchant:
  
 a) use any means of transport (water, land and/or air) or storage
 whatsoever;
  
 b) forward, transship or retain on board or carry on another vessel or
 conveyance or by any other means of transport than that named on the
 reverse side hereof,
  
 c) carry Goods on or under deck at its option;
  
 d) proceed by any route in its sole and absolute discretion and whether
 the nearest, most direct, customary or advertised route or in or out of
 geographical rotation;
  
 e) proceed to or stay at any place whatsoever and in any order or omit
 calling at any port, whether scheduled or not;
  
 f) store, vanned or devanned, at any place whatsoever, ashore or afloat,
  
 g) proceed with or without pilots;
  
 h) carry livestock, contraband, explosives, munitions, warlike stores,
 dangerous or hazardous Goods or Goods of any and all kinds;
  
 i) dry-dock or stop at any unscheduled or unadvertised port for bunkers,
 repairs or for any purpose whatsoever
  
 j) discharge and require the Merchant to take delivery, vanned or devanned
  
 k) comply with any orders, directions or recommendations given by any
 government or authority. or by any person or body acting or purporting to
 act with the authority of any government or authority or having under the
 terms of the insurance on the Vessel or other conveyance employed by the
 Carrier the right to give such orders, directions or recommendations,
  
 l) take any other steps or precautions as may appear reasonable to the
 Carrier under the circumstances. The liberties set out in subdivisions
 a) through I) may be invoked for any purpose whatsoever even if not
 connected with the Carriage covered by this Bill of Lading, and any
 action taken or omitted to be taken, and any delay arising therefrom,
 shall be deemed to be within the contractual and contemplated Carriage and
 not be an unreasonable deviation. In no circumstance whatsoever shall the
 Carrier be liable for direct, indirect or consequential, loss or damage
 caused by delay.
  
13) MATTERS AFFECTING PERFORMANCE: In any situation whatsoever and
 wheresoever occurring and whether existing or anticipated before
 commencement of, during, or after the Carriage, which in the judgment of
 the Carrier is likely to give rise to any hindrance, risk, capture,
 seizure, detention, damage, delay, difficulty or disadvantage or loss to
 the Carrier or any Part of the Goods, or make it unsafe, imprudent,
 impracticable or unlawful for any reason to receive, keep, load, carry or
 discharge them or any part of them or commence or continue the Carriage or
 disembark passengers at the Port of Discharge or at the usual or intended
 place of discharge or delivery, or to give rise to danger, delay or
 difficulty of whatsoever nature in proceeding by the usual or intended
 route, the Carrier and any Participating carrier, independent contractor,
 their agents and servants, without notice to the Merchant, may decline to
 receive, keep, load, carry or discharge the Goods, or may discharge the
 Goods and may require the Merchant to take delivery and upon failure to do
 so, may warehouse them at the risk and expense of the Merchant and Goods
 or may forward or transship them as provided in this Bill of Lading or the
 Carrier may retain the Goods on board until the return of the Vessel to
 the Port of loading or to the Port of Discharge or any other point or
 until such time as the Carrier deems advisable and thereafter discharge
 them at any place whatsoever. In such event, as herein provided, such
 shall be at the risk and expense of the Merchant and Goods, and such
 action shall constitute complete delivery and performance under this
 contract, and the Carrier shall be free from any further responsibility.
 For any service rendered as herein above provided or for any delay or
 expense to the Vessel or Carrier caused as a result thereof, the Carrier
 shall, in addition to full Charges, be entitled to reasonable extra
 compensation, and shall have a lien on the Goods for same. Notice of
 disposition of the Goods shall be sent to the Merchant named in this Bill
 of Lading within a reasonable time thereafter. All actions taken by the
 Carrier hereunder shall be deemed to be within the contractual and
 contemplated Carriage and not be an unreasonable deviation.
  
14) DELIVERY: If delivery of the Goods or Containers or other packages or
 any part thereof is not taken by the Merchant when and where and at such
 time and place as the Carrier is entitled to have the Merchant take
 delivery, whether or not the Goods are damaged, they shall be considered
 to have been delivered to the Merchant, and the Carrier may, at its
 option, subject to its lien and without notice, elect to have same remain
 where they are or, if containerized, devanned and sent to a warehouse or
 other place, always at the risk and expense of the Merchant and Goods. If
 the Goods are stowed within a Container owned or leased by the Carrier,
 the Carrier shall be entitled to devan the contents of any such Container,
 whereupon the Goods shall be considered to have been delivered to the
 Merchant, and the Carrier may, at its option subject to its lien and
 without notice elect to have same remain where they are or sent to a
 warehouse or other place, always at the risk and expense of the Merchant
 and Goods. At ports or places where by local law, authorities or custom,
 the Carrier is required to discharge cargo to lighters or other craft or
 where it has been so agreed or where wharves are not available which the
 Vessel can get to, be at, lie at, or leave, always safely afloat, or where
 conditions prevailing at the time render discharge at a wharf dangerous,
 imprudent or likely to delay the Vessel, the Merchant shall promptly
 furnish lighters or other craft to take delivery alongside the Vessel at
 the risk and expense of the Merchant and Goods. If the Merchant fails to
 provide such lighters or other craft, Carrier, acting solely as agent for
 the Merchant, may engage such lighters or other craft at the risk and
 expense of the Merchant and Goods. Discharge of the Goods into such
 lighters or other craft shall constitute proper delivery and any further
 responsibility of Carrier with respect to the Goods shall thereupon
 terminate.
  
15) CHARGES, INCLUDING FREIGHT: The Charges payable hereunder have been
 calculated on the basis of particulars furnished by or on behalf of the
 Merchant. The Carrier shall, at any time, be entitled to inspect, reweigh,
 re-measure or revalue the contents and, it any of the particulars
 furnished by the Merchant are found to be incorrect, the Charges shall be
 adjusted accordingly, and the Merchant shall be responsible to pay the
 correct Charges and all expenses incurred by the Carrier in checking
 said  particulars or any of them. Charges shall be deemed earned on
 acceptance of the Goods or Containers or other packages for shipment by or
 on behalf of the Carrier and shall be paid by the Merchant in full,
 without any offset, counterclaim or deduction, and shall be non-returnable
 in any event. The Merchant shall remain responsible for all Charges,
 regardless whether the Bill of Lading states, in words or symbols, that it
 is "Prepaid" or "Collect."  In arranging for any services with respect to
 the Goods, the Carrier shall he considered the exclusive agent of the
 Merchant for all purposes, and any payment of Charges to other than the
 Carrier shall not, in any event, be considered payment to the Carrier. The
 Merchant shall defend, indemnify and hold the Carrier, any Participating
 carrier, independent contractor, their agents and servants harmless from
 and against all liability, loss, damage and expense which may be sustained
 or incurred relative to the above.
  
16) CARRIER'S LIEN: The Carrier shall have a lien on the Goods, inclusive
 of any Container owned or leased by the Merchant and all equipment and
 appurtenances thereto, as well as on any Charges due any person, and on
 any documents relating thereto, which lien shall survive delivery, for all
 sums due under this contract or any other contract or undertaking to which
 the Merchant was party or otherwise involved, including, but not limited
 to, General Average contributions, salvage and the cost of recovering such
 sums, inclusive of attorney's fees. Such lien may be enforced by the
 Carrier by public or private sale at the expense of and without notice to
 the Merchant. The Merchant agrees to defend, indemnify and hold the
 Carrier, any Participating carrier, independent contractor, their agents
 and servants, harmless from and against all liability, loss, damage or
 expense which may be sustained or incurred by the Carrier relative to the
 above and the Merchant agrees to submit to the jurisdiction of any court,
 tribunal or other body before whom the Carrier may be brought, whether
 said proceeding is of a civil or criminal nature.
  
17) RUST: It is agreed that superficial rust, oxidation or any like
 condition due to moisture, is not a condition of damage but is inherent to
 the nature of the Goods. Acknowledgement of receipt of the Goods in
 apparent good order and condition is not a representation that such
 conditions of rust, oxidation or the like did not exist on receipt.
  
18) GENERAL AVERAGE:
 a) If General Average is declared, it shall be adjusted according to the
 York/Antwerp Rules of 1994 and all subsequent amendments thereto from time
 to time made, at any place at the option of any person entitled to declare
 General Average, and the Amended Jason Clause as approved by BIMCO is to
 be considered as incorporated herein, and the Merchant shall provide such
 security as may be required in this connection.
  
 b) Notwithstanding a) above, the Merchant shall defend, indemnify and hold
 harmless the Carrier and any Participating carrier, their agents and
 servants, in respect of any claim (and any expense arising therefrom) of a
 General Average nature which may be made against the Carrier and/or any
 Participating carrier and shall provide such security as may be required
 In this connection. 
  
c) Neither the Carrier not any Participating carrier shall be under any
 obligation to take any steps whatsoever to post security for General
 Average or to collect security for General Average contributions due to
 the Merchant.
  
19) LIMITATION OF LIABILITY: Except as otherwise provided in this Clause or
 elsewhere in this Bill of Lading, in case of any loss or damage to or in
 connection with cargo exceeding in actual value the equivalent of $500
 lawful money of the United States, per package, or in case of cargo not
 shipped in packages, per shipping unit, the value of the cargo shall be
 deemed to be $500 per package or per shipping unit. The Carrier's
 liability, if any, shall be determined on the basis of a value of $500 per
 package or per shipping unit or pro rata in case of partial loss or
 damage, unless the nature of the cargo and valuation higher than $500 per
 package or per shipping unit shall have been declared by the Merchant
 before shipment and inserted in this Bill of Lading, and extra freight
 paid if required. In such case, if the actual value of the cargo per
 package or per shipping unit shall exceed such declared value, the value
 shall nevertheless be deemed to be the declared value and the Carrier's
 liability if any, shall not exceed the declared value. The words "shipping
 unit" shall mean each physical unit or piece of cargo not shipped in a
 package, including articles or things of any description whatsoever,
 except cargo shipped in bulk, and irrespective of the weight of
 measurement unit employed in calculating freight and related charges. As
 to cargo shipped in bulk, the limitation applicable thereto shall be the
 limitation provided in Section 1304(5) of COGSA, or such other
 legislation, convention or law as may be compulsorily applicable, and in
 no event shall anything herein be construed as a waiver of limitation as
 to cargo shipped in bulk. Where a Container is not stuffed by or on behalf
 of the Carrier or the parties characterizes the Container as a package or
 a lump sum freight is assessed, in any of these events, each individual
 such Container, including in each instance its contents, shall be deemed a
 single package and Carriers liability limited to $500 with respect to each
 such package, except as otherwise provided in this Clause or elsewhere in
 this Bill of Lading with respect to each such package. In the event this
 provision should be held invalid during that period in which compulsory
 legislation shall apply of its own force and effect, such as during the
 tackle-to-tackle period, it shall nevertheless  apply during all
 noncompulsory periods such as, but not limited to, all periods prior to
 loading and subsequent to discharge from the Vessel for which the Carrier
 remains responsible. Where compulsorily applicable legislation provides a 
 limitation less than $500 per package or shipping unit, such lesser
 limitation shall apply and nothing herein contained shall be construed as
 a Waiver of a limitation less than $500. Further, where a lesser monetary
 limitation is applicable, such as during handling by a Participating
 carrier or independent contractor and damage occurs during its or their
 period of care, custody, control and/or responsibility, the Carrier shall
 be entitled to avail itself of such lesser limitation.
  
20) NOTICE OF CLAIM TIME FOR SUIT: As to any loss or damage presumed to
 have occurred during the Carrier's period of responsibility, the Carrier
 must be notified in writing of any such loss or damage or claim before or
 at the time of discharge/removal of the Goods by the Merchant or, if the
 loss or damage is not then apparent, within 3 consecutive days after
 discharge/delivery or the date when the Goods should have been
 discharged/delivered. If not so notified, discharge, removal or delivery,
 depending upon the law applicable, shall be prima facie evidence of
 discharge/delivery in good order by the Carrier of such Goods. In any
 event, the Carrier shall be discharged from all liability of whatsoever
 nature unless suit is brought within 1 year after delivery of the Goods or
 the date when the Goods should have been delivered, provided however, that
 if any claim should arise during a part of the transport which is subject
 by applicable law and/or tariff and/or contract to a shorter period for
 notice of claim or commencement of suit, any liability whatsoever of the
 Carrier shall cease unless proper claim is made in writing and suit is
 brought within such shorter period. Suit shall not be deemed "brought"
 unless jurisdiction shall have been obtained over the Carrier by service
 of process or by an agreement to appear. In the event this provision
 should be held invalid during that period in which compulsory legislation
 shall apply of its own force and effect, such as during the
 tackle-to-tackle period, it shall nevertheless apply during all
 non-compulsory periods during which the Carrier remains responsible for
 the Goods.
  
21) LAW AND JURISDICTION:
 a) Governing law shall be in accordance with Clause 4. hereof 
  
 b) Jurisdiction: All disputes in any way relating to this Bill of
 Lading shall be determined by the United States District Court for
 Richmond County, Virginia to the exclusion of the jurisdiction of any
 other courts in the United States or the courts of any other country
 PROVIDED ALWAYS that the Carrier may in its absolute and sole discretion
 invoke or voluntarily submit to the jurisdiction of any other court which,
 but for the terms of this Bill of Lading, could properly assume
 jurisdiction to hear and determine such disputes, but such shall not
 constitute a waiver of the terms of this provision in any other instance.
 
22) NON-WAIVER AND SEPARABILITY: Nothing in this Bill of Lading shall
 operate to deprive the Carrier of any statutory protection or any defense,
 immunity, exemption, limitation of or exoneration from liability contained
 in the laws of the United States, or of any other country whose laws may
 be applicable. The Terms and Conditions of this Bill of Lading (including
 all the terms and conditions of the carrier's applicable tariff or
 tariffs, incorporated herein by virtue of Clause 2. above) shall be
 separable, and if any part or term hereof shall be held invalid, such
 holding shall not affect the validity or enforceability of any other part
 or term hereof.

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